The notary’s role in a property purchase in Mauritius: legal checks and safeguards

In Mauritius, a notary must intervene in every property purchase. Appointed as a public officer by the Supreme Court, the notary alone is authorised to draw up the authentic deed of sale and give the transaction its legal security. From detailed title checks to strict management of the client escrow account, the notary plays a central role in protecting the buyer legally and financially.

The essential public officer behind the authentic deed

In Mauritius, a notary is required for every property purchase and is the only professional authorised to draw up the authentic deed of sale.

Mauritian property law is strongly influenced by the French Civil Code. This provides a structured civil-law framework with familiar mechanisms for buyers used to continental legal systems. The Mauritian notary acts as an impartial public officer. The core role is to give legal authenticity to instruments so that the transfer of ownership can be relied on against third parties.

Notarial fees are regulated by the Mauritian state under a sliding scale based on the value of the property. Expressed in Mauritian rupees (MUR), the scale ranges from 2% on lower bands to 0.5% on the highest portion of the price. To understand the full impact on your budget, it is important to anticipate all property acquisition costs that apply to your situation.

Legal due diligence: checks before the Deed of Sale

Before anything is signed, the Mauritian notary reviews the property’s history, clears any mortgages where necessary and prepares both the preliminary agreement and the final Deed of Sale. If the property is already let, this is also the time to ask for proof that the lease was registered: see buying a flat that is already let.

The notary’s investigation begins well before the sale deed is signed. The chain of title is reviewed to confirm that the seller holds a valid title and that no dispute affects the property. This due diligence includes checks with the Conservator of Mortgages for easements, seizures or debts attached to the property. If a mortgage is found, the notary handles the release process so that the buyer acquires the property free of that charge. If a creditor has already seized the property before the sale, the procedure changes: the matter proceeds before the Master of the Supreme Court under the rules governing judicial sale by auctionrather than through a standard notarial sale.

Once those checks are complete, the notary prepares the preliminary sale agreement and then the final Deed of Sale. For international investors buying through the various lawful property investment schemesthe notary checks that the acquisition file is properly constituted before final signature. For a professional-use purchase such as an office or commercial unit, the file also requires the relevant EDB authorisation, as explained in our article on buying or renting commercial premises in Mauritius as a foreign buyer.

Escrow: how the buyer’s funds are protected

Funds for a property sale in Mauritius must pass through the notary’s client escrow account; cash payments are prohibited.

Paying the seller directly is prohibited and exposes the parties to unnecessary risk. The transaction funds must be deposited into a dedicated client account under the notary’s responsibility. The deposit must be made within a maximum of 21 days after calls for funds and can be made only by bank transfer or bank cheque.

For foreign buyers investing under specific schemes such as IRS, PDS or Smart City, a strict statutory rule applies: 85% of the sale price must be paid in Mauritian rupees (MUR) into the notary’s account. International transfer times and foreign-exchange operations therefore need to be planned carefully so that the escrow account is funded in time for completion.

Foreign buyers and remote transactions: the notary’s central role

The notary plays a key role in securing transactions for foreign buyers, particularly by controlling the receipt and verification of funds.

For an international purchase, the notary closely controls the financial side of the transaction. All amounts connected with the sale are channelled through the client escrow account. Centralising the funds this way protects the seller while preserving the buyer’s position until final signature of the deed.

The process can also be completed without travelling to Mauritius. A remote signature by power of attorney is common practice, provided the Power of Attorney is notarised in the buyer’s country of residence. Once the deed has been signed and registered, the notary provides the buyer with an authentic copy, which is then needed to start the application for a property-linked residence permit with the Mauritian authorities.

Registration and deadlines: a strict statutory timetable

A Mauritian notary has a strict statutory period of 8 days to register the Deed of Sale, failing which a penalty equal to 50% of the duties applies.

Contrary to the common claim that the deadline is 7 days, Mauritian law gives the notary exactly 8 days to submit and register the Deed of Sale with the Registrar General. A late filing triggers an immediate surcharge of 50% of the registration duties due. This timetable is designed to ensure prompt processing of the buyer’s title.

For the sellerthe law also sets a protective timetable. Once all parties have signed the deed, the notary must transfer the purchase price to the seller within 5 working days. Westimmo works daily with notarial offices and banks to coordinate compliance documents, ensure funds are ready on time and keep the transaction moving without avoidable delay.

Frequently asked questions

Who pays the notary’s fees in a property transaction in Mauritius?

The buyer bears the notary’s fees. The seller does not pay notarial fees on the sale of the property.

What documents does the notary require to evidence the source of funds?

Under Mauritius’ anti-money-laundering framework (FIAMLA), the notary requires a detailed compliance and KYC file. This includes recent bank statements, evidence of income such as payslips or company accounts, and clear documentation of the source of funds before a transfer to the escrow account is accepted.

Can I appoint my own notary when buying off plan from a developer?

Yes. Using two notaries is common and lawful in Mauritius. The buyer may appoint a separate notary to protect their interests alongside the notary chosen by the developer, with regulated fees shared between the two professionals.

Sources and checks

• Attorney General’s Office
• Attorney General’s Office

Information checked against these sources on 30 August 2026. Amounts, thresholds and conditions can change, so confirm them with the relevant authority before making a decision.